Title 5 — Appeal And Error
0 chapters · 53 sections in this title.
O.C.G.A. § 5-3-2 Right to appeal from probate courts; exception
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(a) An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator. (b) Notwithstanding subsection (a) of this Code section, no appeal from the probate court to the superior court shall lie from any civi…
O.C.G.A. § 5-3-20 Jabaley v
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Jabaley, 208 Ga. App. 179, 430 S.E.2d 119 (1993). Executrix’s appeal from a probate court’s decision was untimely and a motion to reconsider, which actually was a motion to amend, did not extend the time for appeal, and, under O.C.G.A. §§ 5-3-2 and 5-3-20, the executrix should ha…
O.C.G.A. § 5-3-21 Notice of appeal; form; service
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(a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested: (NAME OF INFERIOR JUDICATORY) STATE OF GEORGIA v.…
O.C.G.A. § 5-3-23 Signature on bond of attorney at law or in fact
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If an appeal is entered by the attorney at law or in fact, he may sign the name of the principal to the appeal bond, if required, and the principal shall be bound thereby as though he had signed it himself. (Orig. Code 1863, § 3537; Code 1868, § 3560; Code 1873, § 3617; Code 1882…
O.C.G.A. § 5-3-27 Amendments to cure defects
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No appeal shall be dismissed because of any defect in the notice of appeal, bond, or affidavit of indigence or because of the failure of the lower court, agency, or other tribunal to transmit the pleadings or other record; but the superior court shall at any time permit such amen…
O.C.G.A. § 5-3-29 De novo investigation
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An appeal to the superior court in any case where not otherwise provided by law is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either pa…
O.C.G.A. § 5-3-31 Time for filing appeals
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Notice of appeal; form; service. Payment of costs prerequisite to appeal; affidavit of indigence; dismissal for nonpayment following court order; supersedeas bond. Signature on bond of attorney at law or in fact. Exemption of executors, administrators, and trustees from paying co…
O.C.G.A. § 5-3-7 Appeal suspends judgment; effect of dismissal or withdrawal of appeal
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An appeal shall suspend but not vacate a judgment and, if dismissed or withdrawn, the rights of all the parties shall be the same as if no appeal had been entered. (Orig. Code 1863, § 3549; Code 1868, § 3572; Code 1873, § 3628; Code 1882, § 3628; Civil Code 1895, § 4470; Civil Co…
O.C.G.A. § 5-3-8 Requirement of consent to withdrawal of appeal
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After an appeal has been entered, no person shall be allowed to withdraw the appeal without the consent of the adverse party. (Laws 1799, Cobb’s 1851 Digest, p. 495; Code 1863, § 3550; Code 1868, § 3573; Code 1873, § 3629; Code 1882, § 3629; Civil Code 1895, § 4471; Civil Code 19…